HOSKINS -v- RAMSDEN [2008] WASC 28
| Link to Appeal : |
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2008] WASC 28 | |
| Case No: | SJA:1074/2007 | 6 FEBRUARY 2008 | |
| Coram: | TEMPLEMAN J | 6/03/08 | |
| 18 | Judgment Part: | 1 of 1 | |
| Result: | Appeals dismissed | ||
| B | |||
| PDF Version |
| Parties: | HELEN LORRAINE HOSKINS DENICE BETTY PEARSON ANDREW JOHN RAMSDEN |
Catchwords: | Criminal law Appeals against conviction and sentence Possession of thing reasonably suspected of being stolen Whether complainants must be certain of identity of stolen material Whether totality principle applied in sentencing |
Legislation: | Criminal Code (WA), s 428 |
Case References: | Lowndes v The Queen (1999) 195 CLR 665 R v Chan (1992) 28 NSWLR 421 R v Grace (1930) 30 SR (NSW) 158 R v Tween [1965] VR 687 Sgroi v The Queen (1989) 40 A Crim R 197 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- SJA 1075 of 2007
- DENICE BETTY PEARSON
Appellants
AND
ANDREW JOHN RAMSDEN
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE V C EDWARDS
File No : MI 9419 - 9440 of 2005, MI 9395 - 9416 of 2005
Catchwords:
Criminal law - Appeals against conviction and sentence - Possession of thing reasonably suspected of being stolen - Whether complainants must be certain of identity of stolen material - Whether totality principle applied in sentencing
(Page 2)
Legislation:
Criminal Code (WA), s 428
Result:
Appeals dismissed
Category: B
Representation:
Counsel:
Appellants : Mr H Sklarz
Respondent : Ms J C Pritchard
Solicitors:
Appellants : Henry Sklarz
Respondent : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Lowndes v The Queen (1999) 195 CLR 665
R v Chan (1992) 28 NSWLR 421
R v Grace (1930) 30 SR (NSW) 158
R v Tween [1965] VR 687
Sgroi v The Queen (1989) 40 A Crim R 197
(Page 3)
1 TEMPLEMAN J: The appellants, Helen Lorraine Hoskins and Denice Betty Pearson, appeal against their convictions by a magistrate on thirteen charges brought against each of them under s 428 of the Criminal Code (WA).
2 The appellants were acquitted of a further nine charges.
3 Should these appeals be unsuccessful, the appellants appeal against the sentences imposed on them in respect of those convictions. Each appellant was ordered to pay a fine of $15,000.
The appeals against conviction
4 Section 428 of the Criminal Code provides:
(1) A person who is in possession of any thing capable of being stolen that is reasonably suspected to be stolen or otherwise unlawfully obtained is guilty of an offence and is liable to imprisonment for 2 years and a fine of $24 000.
(2) It is a defence to a charge of an offence under subsection (1)…
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CaseChat Overview and Summary
The court addressed the first issue by examining the legal standards required for establishing possession of stolen goods. It was established that certainty regarding the specific items was not necessary, as long as there was a reasonable suspicion that the items were stolen. The court held that the lower court had correctly applied the law in this regard, affirming the conviction. Regarding the second issue, the court considered whether the totality principle was appropriately applied during sentencing. The totality principle allows for the aggregation of multiple offences to be considered as a whole when determining an appropriate sentence. The court found that the lower court had adequately considered the totality of the appellant’s offending and imposed a sentence that was both fair and proportionate.
Ultimately, the Court of Appeal dismissed the appellant's appeals against both his conviction and sentence. The reasoning provided by the lower court was upheld, and the appellant's conviction and sentence were affirmed. The orders of the lower court were thus maintained, and no further appeal was allowed.
Orders
Orders of the court
Appeals dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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